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documents:cosproject:cos_handbook [2015/12/27 21:06] Oliver Wolcott [Action Steps for Legislators] |
documents:cosproject:cos_handbook [2016/01/25 15:11] Oliver Wolcott |
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- | **1. There is a clear, strong single-subject precedent that would almost certainly be declared binding in the event of a court challenge.** There have been over 400 applications from state legislatures for an Article V convention in the history of the Republic. No such convention has ever been called because there has never been an application from two-thirds of the states on a single subject. In addition to this, there is a huge amount of historical precedent that limits interstate conventions to a particular subject. See Professor Robert G. Natelson's handbook here: http://www.alec.org/publications/ article-v-handbook . Also see his essay on page 19. | + | **1. There is a clear, strong single-subject precedent that would almost certainly be declared binding in the event of a court challenge.** There have been over 400 applications from state legislatures for an Article V convention in the history of the Republic. No such convention has ever been called because there has never been an application from two-thirds of the states on a single subject. In addition to this, there is a huge amount of historical precedent that limits interstate conventions to a particular subject. See Professor Robert G. Natelson's handbook here: http://www.alec.org/publications/article-v-handbook . Also see his essay on page 19. |
**2. Ratification of any proposed amendment requires the approval of 38 states. **It only takes 13 states to vote "no" to defeat any proposed amendment. The chances of 38 state legislatures approving a rogue amendment are effectively zero. | **2. Ratification of any proposed amendment requires the approval of 38 states. **It only takes 13 states to vote "no" to defeat any proposed amendment. The chances of 38 state legislatures approving a rogue amendment are effectively zero. |